(A) In the event of a cancellation or nonrenewal, including those that involve policies referred to in Section 38-77-120, the insurer or agent responsible for the cancellation or nonrenewal shall give a written notice in a form approved by the director that:
(1) either provides the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the cancellation or nonrenewal in writing or advises the person that upon written request he may receive the specific reason or reasons in writing; and
(2) provides the applicant, policyholder, or individual proposed for coverage with a summary of the rights established under subsection (B) of this section and Section 38-77-380.
(B) Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of a cancellation or nonrenewal to an applicant, policyholder, or individual proposed for coverage, the insurer or agent shall furnish to the person within twenty-one business days from the date of receipt of the written request:
(1) the specific reason or reasons for the cancellation or nonrenewal in writing, if that information was not furnished initially in writing pursuant to subsection (A)(1);
(2) the specific items of personal and privileged information that support those reasons; however:
(a) the insurer or agent shall not be required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the director, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and
(b) specific items of medical-record information supplied by a medical-care institution or medical professional must be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurer or agent prefers; and
(3) the names and addresses of the institutional sources that supplied the specific items of information given pursuant to subsection (B)(2) of this section. However, the identity of any medical professional or medical-care institution must be disclosed either directly to the individual or to the designated medical professional, whichever the insurer or agent prefers.
(C) The obligations imposed by this section upon an insurer or agent may be satisfied by another insurer or agent authorized to act on its behalf. However, the insurer or agent making the cancellation or nonrenewal shall remain responsible for compliance with the obligations imposed by this section.
(D) When a cancellation or nonrenewal results solely from an insured's oral request or inquiry, the explanation of reasons and summary of rights required by subsection (A) of this section may be given orally.
HISTORY: 1997 Act No. 154, Section 16.
Structure South Carolina Code of Laws
Chapter 77 - Automobile Insurance
Section 38-77-10. Declaration of purpose.
Section 38-77-20. Construction.
Section 38-77-30. Definitions.
Section 38-77-113. Conditions for waiver of license reinstatement fee.
Section 38-77-120. Requirements for notice of cancellation of or refusal to renew policy.
Section 38-77-126. Disclosure where rate level higher than lowest tier for that insurer or group.
Section 38-77-127. Insurer may issue verification of coverage electronically.
Section 38-77-130. Group automobile insurance; rate.
Section 38-77-140. Bodily injury and property damage limits; general requirements.
Section 38-77-143. Maintenance, selling, etc. policies and contracts to be primary.
Section 38-77-144. Personal injury protection (PIP) coverage not mandated.
Section 38-77-151. Collected funds to be placed in Uninsured Motorists Fund; use of funds.
Section 38-77-155. Distribution of funds; obtaining premium information.
Section 38-77-160. Additional uninsured motorist coverage; underinsured motorist coverage.
Section 38-77-161. Uninsured or underinsured coverage not required in excess or umbrella policy.
Section 38-77-220. Additional liability which automobile insurance policy need not cover.
Section 38-77-260. General release, assignment of claims, and like documents.
Section 38-77-270. Christian Science or any licensed healing art care and treatment.
Section 38-77-280. Collision coverage; comprehensive coverage.
Section 38-77-320. Enforcement of article; promulgation of regulations.
Section 38-77-340. Agreement to exclude designated natural person from coverage.
Section 38-77-341. Unfair trade practices.
Section 38-77-350. Form to be used when optional coverages are offered.
Section 38-77-370. Obligations of insurance-support organizations; access to personal information.
Section 38-77-395. Absence of liability or cause of action in certain situations; exceptions.
Section 38-77-400. Underwriting restrictions provided upon request of director.
Section 38-77-720. Number, qualifications, and compensation of arbitrators; fee paid by claimant.
Section 38-77-750. Enforcement of subpoenas; warrant to produce witnesses; certification of records.
Section 38-77-760. Decision of arbitrators.
Section 38-77-770. Right to appeal decision; procedures.
Section 38-77-830. Assigned Risk Pool.
Section 38-77-840. Powers of director.
Section 38-77-841. Information to be supplied by Associated Auto Insurers Plan producers.
Section 38-77-845. Review of applications.
Section 38-77-850. Confidentiality of information filed with director.
Section 38-77-860. Disclosure of reasons for director's decisions not required; liability.
Section 38-77-1110. Short title.
Section 38-77-1120. Definitions.
Section 38-77-1150. Prohibitions relative to disclosure or nondisclosure of information.